What was the outcome of Tenancy Tribunal case 4594529?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4594529?

Cleaning: $149.99 awarded to landlord; Cleaning: $251.00 awarded to landlord; Cleaning: $340.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $483.00 awarded to landlord; Rent Arrears: $227.14 awarded to landlord; Rubbish Removal: $165.00 awarded to landlord

What type of tenancy dispute was case 4594529?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4594529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9341254-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4594529?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4594529?

Cleaning: $149.99 awarded to landlord; Cleaning: $251.00 awarded to landlord; Cleaning: $340.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $483.00 awarded to landlord; Rent Arrears: $227.14 awarded to landlord; Rubbish Removal: $165.00 awarded to landlord

What type of tenancy dispute was case 4594529?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4594529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9341254-Tenancy_Tribunal_Order.pdf.

25 Burtts Road, Durie Hill, Whanganui 4500 Tenancy Tribunal Case 4594529 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4594529 — net $1,636.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$227.14	Rent arrears
Cleaning	$340.00	Cleaning
Carpet Cleaning	$149.99	Carpet Cleaning
Rubbish removal	$165.00	Rubbish removal
Lawns and Garden work	$483.00	Lawns and Garden work
Carpet Cleaning	$251.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,636.57
Total payable by Tenant to Landlord	$1,636.57

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord produced inspection reports from the start and end of the tenancy, which included photographs. Invoices were also provided.

How much is owed for rent?

The tenancy ended on 3 April 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $227.14 after the bond had been paid to the landlord. The amount ordered is proved.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.

The landlord provided photographs which show that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord said that no vacuuming had taken place and no surfaces were wiped down. Some parts of the house were particularly dirty.

The landlord submitted invoices for $340.00 for cleaning and $165.00 for removal of the rubbish that had been left in the garage.

The landlord also needed to have the carpets cleaned. A photograph of the lounge showed very clearly the outline of where the furniture had been on the carpet. The parts in between were very dirty. The landlord submitted an invoice for $149.99 for carpet cleaning.

In addition the lawns and gardens were very overgrown and some piles of greenwaste had been left. The invoice for the lawns, edges and waste removal was $483.00.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The photographs showed damage to 2 doors and a wardrobe door. An invoice for repairs of $251.00 was submitted.

The amounts ordered are proved.

Because Property Brokers Limited As Agent For Hongsong Qiu has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4594529 — net $1,636.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$227.14	Rent arrears
Cleaning	$340.00	Cleaning
Carpet Cleaning	$149.99	Carpet Cleaning
Rubbish removal	$165.00	Rubbish removal
Lawns and Garden work	$483.00	Lawns and Garden work
Carpet Cleaning	$251.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,636.57
Total payable by Tenant to Landlord	$1,636.57

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision..
Hinemoa Panirau must pay Property Brokers Limited As Agent For Hongsong Qiu $1,636.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord produced inspection reports from the start and end of the tenancy, which included photographs. Invoices were also provided.

How much is owed for rent?

The tenancy ended on 3 April 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $227.14 after the bond had been paid to the landlord. The amount ordered is proved.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The landlord provided photographs which show that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord said that no vacuuming had taken place and no surfaces were wiped down. Some parts of the house were particularly dirty.
The landlord submitted invoices for $340.00 for cleaning and $165.00 for removal of the rubbish that had been left in the garage.
The landlord also needed to have the carpets cleaned. A photograph of the lounge showed very clearly the outline of where the furniture had been on the carpet. The parts in between were very dirty. The landlord submitted an invoice for $149.99 for carpet cleaning.
In addition the lawns and gardens were very overgrown and some piles of greenwaste had been left. The invoice for the lawns, edges and waste removal was $483.00.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The photographs showed damage to 2 doors and a wardrobe door. An invoice for repairs of $251.00 was submitted.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Hongsong Qiu has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4594529 — Cleanliness at 25 Burtts Road, Durie Hill, Whanganui 4500

At a glance

Tenancy Tribunal case 4594529 — Cleanliness at 25 Burtts Road, Durie Hill, Whanganui 4500

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions